How International Issues Complicate Child Custody Cases

It’s no secret that the world is becoming a smaller place as travel has never been faster or easier than it is right now. There are very few countries left in the world where a person cannot get a tourist or business visa to visit if they wish. All this has, however, had an effect on another unexpected area too. With all the mixed citizenship relationships and marriages which are taking place as a result of this increased movement of people between countries; it has created an abundance of complicated international child custody cases. Here are some examples of how international issues complicate child custody cases.

There is No Uniform Process to Handle Such Disputes Across Nations

Most westernized countries abide by an international set of guidelines when it comes to international custody cases that fall under what is called the Hague Convention. The problem is that not every country in the world abides by these principles and some have radical ideas on the subject which are based on long standing traditions or religious laws. It can make it difficult for any foreign parent to obtain any custody rights to say the least.

Child Abduction is Skyrocketing

Countries all over the world have seen a dramatic increase in child abductions over the past few decades. This has led to much stricter laws that have only made it that much harder to transport children between countries without both parents being present at the time. It takes a mountain of legal work and documents to accomplish any results in this area and sometimes even that is not enough to trump other factors that involve custody in a certain country. Often a person’s best chance to win an international custody case is by hiring a legal firm with expertise in this area such as the Ideal Legal Group.

No Way to Enforce Court Orders Across Borders

Even if someone takes legal action as far as gaining child custody is concerned and is awarded a judgement for custody, often times there is no way to execute that legal order. This can be the case internally in some countries or simply the fact that a court order is not recognized by another country.

Jurisdictional Boundaries

This is similar to not being able to enforce judgements as was just mentioned. Many times it cannot be established which of the parents’ home countries have the jurisdiction to legally resolve the case, so the case is simply not heard on a legal basis. It is fairly frustrating and disappointing to say the least when a parent who feels they have a right to custody over their child cannot even establish where to start legal proceedings to resolve the custody dispute.

The best advice for someone trying to get custody internationally is to seek the council of a legal firm that specializes in these types of international child custody cases and/or get some high ranking political officials on their side that can get the other parent’s country more actively involved in the case.


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